NABI BAKHSH Vs. CHAUBEY PUTTU LAL

JUDGEMENT

(1.) A suit was filed in the court of the learned Munsif of Etawah for redemption of a possessory mortgage dated 9-7-1878, for a sum of Rs. 150/- executed by Jai Kishan Das in favour of lachhman Das and Govind Das and for recovery of Rs. 700/ -. The plaintiff claimed that during the continuance of the mortgage the mortgagees had committed acts of destruction and permanent injury to the mortgaged property inasmuch as they had cut down and removed seven trees and were, therefore, liable to pay Rs. 850/- as damages. After having given credit for the mortgage money, i. e. , Rs. 150/-, he claimed that a sum of Rs. 700/-was payable to him.

(2.) THE learned Munsif decreed the suit on payment of Rs. 9/ -.

(3.) THERE was an appeal and the lower appellate court held that the mortgagees had cut down and removed certain trees and had thus caused. damage to the extent of Rs. 344/ -. After deducting the mortgage debt a decree for Rs. 194/- was passed in plaintiff's favour and the suit for redemption was also decreed.